MPs will get to vote on EU powers opt-out

Britain is likely to be handed a bill running into millions of pounds if MPs
vote to take back almost 140 policing and justice powers from Europe.

Theresa May's statement is likely to cheer EuroscepticsPhoto: GETTY

By James Kirkup and Rowena Mason

5:21PM BST 15 Oct 2012

Theresa May, the Home Secretary, yesterday revealed plans to opt out of European Union rules related to law and order, including extradition and the European Arrest Warrant.

She said MPs will get the right to vote on whether to claw back all the powers and ministers may later decide to opt back into some of the rules if they are in the national interest.

However, Mrs May faced warnings that the move is likely to be complicated and come at a cost. Sources said Brussels is preparing to charge administration fees to make sure Britain pays for the hassle and inconvenience of changing its relationship with the European Union.

The sources also warned that some European countries could block the UK from opting back into some laws without demanding a set of concessions in return. Conservative backbenchers yesterday welcomed the re-patriation of powers and accused the European Union of trying to force the UK to stick by its rules.

Dominic Raab, a Conservative MP for Esher, said: “If Brussels try to blackmail us to accept their vision of a pan-European criminal code, enforced by the Commission, an EU Public Prosecutor and the Luxembourg Court, Britain should say no.

“If EU flunkies want to throw their toys out of the pram, they will be cutting their nose to spite their face. What we need is a reasonable and respectful dialogue, not histrionic threats.”

Mrs May’s decision will be the start of a long and complex negotiation both within the Coalition and with the rest of the EU about which of the various powers Britain will now opt back into.

Many Conservatives want the Government to keep Britain out of the European Arrest Warrant. They feel it is an unjustified infringement on British sovereignty because it allows EU governments to extradite UK nationals from the UK to stand trial in their countries.

By contrast, the Liberal Democrats want Britain to remain part of the warrant system, arguing that it is crucial to putting serious criminals on trial.

Facing repeated questions from MPs, Mrs May insisted that no decisions had been made about whether Britain will seek to remain part of the EAW system.

Several Conservative backbenchers said they believed the UK will now opt out of the EAW, but Mrs May said: “I have not said what will be doing in relation to the EAW. I have noted the concerns raised in relation to the EAW.”

The final decisions about opt-out powers must be made by 2014. Mrs May said MPs and the House of Lords will be consulted before the deadline.

“The Government is committed to a vote on this matter,” she said. Conservative MPs challenged Mrs May to promise a vote on each individual power, which would likely allow the Tory backbenches to insist on leaving the EAW despite Lib Dem objections.

Mrs May stopped short of promising individual votes, saying only that ministers “will be entering into full and frank discussions as to how to proceed” with parliamentary approval.

Under the rules of the EU opt-out, Britain must opt-out of all home affairs rules as a bloc before deciding which areas it wants to opt back in to.

The Coalition has promised that any transfer of power from Westminster to Brussels will trigger a referendum. Ian Lucas, a Labour MP, suggested that the act of opting back in would constitute a transfer for power and cause a referendum.

But the Home Secretary said that there was no prospect of a referendum. Mrs May said: “The powers that we are talking about here and the arrangements for the opt-out are not subject to the powers that are being taken in the act in relation to European referenda.”

Last night, a European Commission spokesman said Britain’s decision is entirely within its rights.

“The UK has the possibility to request a block opt-out from the areas of police cooperation and judicial cooperation in criminal matters. The UK has indicated it wishes to exercise its rights under the treaty.

“The commission will now assess the consequences of the cessation of the UK’s participation in those areas. The treaties also provide the possibility for the UK to indicate that it wishes to opt back in to some or all of those provisions.”

A Home Office spokesman said the department would “not get into speculation about costs”.